MATTER OF COLAO v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD

6914, 113979/10.

92 A.D.3d 608 (2012)

939 N.Y.S.2d 49

2012 NY Slip Op 1499

In the Matter of KENNETH M. COLAO, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 28, 2012.


Respondent's determination that petitioner violated Vehicle and Traffic Law § 1180 (d) by operating his vehicle in excess of 81 miles per hour in a 35 mile-per-hour zone is supported by substantial evidence. The ticketing officer testified that when he clocked petitioner's vehicle, it was traveling more than 81 mph in a 35 mph zone. Furthermore, at the time he ticketed petitioner, all of the signs in the area stated that the speed limit was 35 mph. Although petitioner...

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